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Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....ed Subordinate Judge are set aside and the suit is dismissed. During the hearing of the appeal the appellants have filed an application under sections 476 and 476A Cr.P.C. praying for directing the Deputy Registrar II of this Court to lodge a complaint in the Court of the Chief Metropolitan Magist......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....ivision (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J ABM Khairul Haque J Khalilur Rahman (Md.) alias Ismail………Petitioner Vs. State represented by the Deputy Commissioner, Dhaka………Opposite Party Judgment May 20, 1999. Lawyers Involved: ......twali PS Case No.23 dated 17-8-1994, under section 25B(a) of the Special Powers Act (XIV of 1974) should not be quashed. 2. The short relevant facts are that, one Mr. Md. Alamgir Kabir, PPM Police Inspector, lodged a written First Information Report on 17-8-1994 with the officer-in-charge. Kotwal......osite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the Petitioner. Abul Hossain Azadi, Assistant Attorney- General — For the State. Criminal Miscellaneous Case No.2214 of 1995 Judgment ABM Khairul...... and Kotwali PS Case No.23 dated 17-8-1994, under section 25B(a) of the Special Powers Act (XIV of 1974) should not be quashed. 2. The short relevant facts are that, one Mr. Md. Alamgir Kabir, PPM Police Inspector, lodged a written First Information Report on 17-8-1994 with the officer-in-charge...Category: Others | Date: | Hits: 159
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......ing the written deed of agreement on 6-3-80. Thereafter, the principal defendant Nos. 1 and 2 separately appointed and constituted Md. Hafizul Kadir and Mohammad Ali as their attorney by two deeds of General Power of Attorney executed and registered on 13-3-80 and 15-3-80 respectively authorising th......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....executed by the petitioner it becomes clear that in the instant case Bangladesh is represented by the Chairman of BTTB. No doubt generally Bangladesh is represented in the Courts of law either by the Deputy Commissioner or by the Secretary but when a proceeding is initiated by a citizen against de......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......y No.148 dated 9.1.89 on the statement of ex‑chairman appellant Serajul Islam who died during pendency of the appeal. P.W.11 Constable Mohammad Ali was at the relevant time attached to Daganbhuiyan Police Station. Accompanied by P.W.12 constable Aminul Islam (tendered) he carried the dead body of ..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....90 passed in Other Suit 50 of 1986 by the Subordinate Judge, Cox’s Bazar, dismissing the suit. 2. Opposite parties 1-9 instituted the suit for declaration that the order pussed by the Additional Deputy Commissioner Chittagong on 4-4-84 in Settlement Appeal Case 154 of 1981-82 cancelling the set......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......section 32 of the Evidence Act, it is not required that the maker should be in expectation of his immediate death nor it is restricted to homicidal death. 8. In his cross-examination by P.W.18 Sub Inspector AB Siddique deposed that on 19-6-91 he did not think that Sadek would die and then subsequ......udgment June 2, 1998. Result: The appeal is dismissed with the modification. Lawyers Involved: Shaukat Ali Khan, Advocate — For the Appellant. Syed Abu Kowser, Assistant Attorney-General — For the State. Criminal Appeal No.431 of 1993. Judgment Mohammad Gholam Rabbani......or the Appellant. Syed Abu Kowser, Assistant Attorney-General — For the State. Criminal Appeal No.431 of 1993. Judgment Mohammad Gholam Rabbani J.- Aleya Begum (P.W.1) came to the local Police Station on 11-6-91 at 2-15 PM and lodged the FIR stating that an ox owned by Maniruddin Matab..Category: Criminal Law | Date: | Hits: 108
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....t May 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. Md. Altaf Hossain Khan, Deputy Attorney General with FKM Ahsan Mahbub, Assistant Attorney-General — For the Respondents...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. Md. Altaf Hossain Khan, Deputy Attorney General with FKM Ahsan Mahbub, Assistant Attorney-General — For the Respondents. Writ Petiti...... 12. Mahmudul Islam, the learned Advocate for the petitioner, submits that 0.06 acres of land of plot No.1009 of CS Khatian No 225 of mouza Kafrul under former police station Keraniganj, presently Police Station Mohammadpur, Dhaka having not been requisitioned and acquired in Land Acquisition Cas..Category: Property Law | Date: | Hits: 156
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....ch he preferred Civil Revision No.916 of 1997 before this Court against the order of the learned Assistant Judge, rejecting the prayer for striking out the name of the defendant Nos.2 and 3 i.e., the Deputy Commissioner and Superintendent of Police, Comilla. It was further alleged that the civil rev......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......997 before this Court against the order of the learned Assistant Judge, rejecting the prayer for striking out the name of the defendant Nos.2 and 3 i.e., the Deputy Commissioner and Superintendent of Police, Comilla. It was further alleged that the civil revision was allowed and the name of the defe..Category: Procedural Law | Date: | Hits: 131
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....33; 4 DLR 394; AIR 1962 ALL 503. Lawyers Involved: Mashi-Ul-Islam, Advocate - For the Petitioners. P.K. Bosu with Mansur Babib, Advocates - For Opposite Parties 1-15. Kaiseruddin Ahmed, Deputy Attorney General - Amicus curiae. Civil Revision No.285 of 1988 with 520 of 1988. Judgm......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......IR 1962 ALL 503. Lawyers Involved: Mashi-Ul-Islam, Advocate - For the Petitioners. P.K. Bosu with Mansur Babib, Advocates - For Opposite Parties 1-15. Kaiseruddin Ahmed, Deputy Attorney General - Amicus curiae. Civil Revision No.285 of 1988 with 520 of 1988. Judgment Muhammad ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
.... place there. The Election Commission passed an order on 18.6.88 rejecting the prayer of the respondent No.4 and accepting the report of the Presiding Officer in pursuance of a report sent by the Deputy Commissioner (Annexures B and B1). 4. Thereafter the respondent No.4 filed an applicatio......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......nd this perimeter even the Appellate Division, in our opinion, has not permitted the Election Commission to travel. 19. Although not argued from the Bar we are not unmindful of section 21 of the General Clauses Act which provides as follows: "21. Where, by any Act of Parliament or Regulati......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......কৌশলী আবেদন করিয়াছে। বিজ্ঞ আইনজীবী এবং GRO–কে শুনানো গেল। (Although in the absence of the Court sub-Inspector his clerk GRO cannot be heard by the Magistrate to represent the prosecution) নাথি......he case. The legislature has not put any limitation on this power of the learned Sessions Judge to direct further investigation into the offence. In this connection we may refer to section 14(1) of General Clauses Act, 1897 which read as follows: "When, by any Act of Parliament or Regulatio......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ..Category: Procedural Law | Date: | Hits: 127
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......ame. On the next day, police went to the place of occurrence and informant Abdul Latif Sikder lodged an FIR with Kapasia police narrating the above facts. 3. After due investigation of the case, Police submitted a charge-sheet against the accused Kofiluddin, Hafizuddin (the present appellant)..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....State. Criminal Miscellaneous Case No.16 of 1988. Judgment Muhammad Ansar Ali J. - This Rule was issued in an application under section 498 of the Code of Criminal Procedure calling upon the Deputy Commissioner, Dinajpur to show cause why the accused-petitioners should not be enlarged on ......he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......inal Procedure to-grant or refuse bail to and accused person. It is the discretion of the Court which has to be exercised judicially and not arbitrarily in, the facts and circumstances of the case. Generally, the Court is reluctant to grant bail to an accused person in a case under section 302 of ......as Ali and others were present and they saw the occurrence. Hence, the aforesaid case on the basis of the FIR lodged by the informant Shahidul on 8.11.87. 4. That on receipt of the FIR local SI of Police visited the place of occurrence, held inquest on the dead body of deceased Amjad and thereaft..Category: Criminal Law | Date: | Hits: 74
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....e - For the Petitioner. S. B. Barua, Advocate - For the State. Criminal Revision No. 335 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Mymensingh to show cause why the order of Mr. Sirajul Islam, Sessions Judge, My......n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477....... Provided that the Government may, by order, revive the case at any time if the case is triable exclusively by the Court of Sessions." Mr. A.K.M. Shamsul Karim, the learned Assistant Attorney-General draws our attention to the provision of section 10(2) Cr.P.C. which reads as follows:- "1......also informed him that at about 8-15 P.M. on that dale 10/12 persons suddenly attacked Intaz member in the shop of Joynal Miah and killed him by giving blows by dao and went away towards the south. Police started investigation into the case. As the police was unable to complete the investigation w..Category: Procedural Law | Date: | Hits: 113
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......tioners Vs. Geasuddin Ahmed & Others…………………………Opposite Parties Judgment September 1, 1986. Result: The Rule is discharged. Cases Referred to- Attorney-General Vs. Ashbowene RC, (1903) I Chancery 101; Devonport Corporation Vs. Tozer, (1901) I Chancery ......tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474...Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....-Ul Alam, Advocates, - For the Petitioner. Abdul Matin Khasru, with Ms. Rumeen Farhana, Advocates - For the Respondent No.2. M. K. Rahman, Additional Attorney General with A.B.M. Altaf Hossain, Deputy Attorney General - For the Respondents. Writ Petition No.7078 of 2011. Judgment AHM ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......Hosein with Manjur Kader and Shamim-Ul Alam, Advocates, - For the Petitioner. Abdul Matin Khasru, with Ms. Rumeen Farhana, Advocates - For the Respondent No.2. M. K. Rahman, Additional Attorney General with A.B.M. Altaf Hossain, Deputy Attorney General - For the Respondents. Writ Petition N...... The DFP, vide a Memo dated 13.12.2010, stated that it has nothing to do with the change of publisher of any newspaper and made it clear that the DM is the sole authority for this purpose. Bangladesh Police (Special Branch) vide a Memo dated 22.12.2010, gave clearance in favour of Barrister Rumeen F..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
....The State…………………………Opposite Party Judgment May 3, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioner. Khizir Hayat, Deputy Attorney General with Yousuf Mahmud Morshed, Assistant Attorney General - For the Opposite Pa......Ali, another local witness stated that on 13.9.1998 sometime after 9 p.m he heard the sound of bomb explosion. Accused Parvaz, Ahamed Ali and Khokon had exploded the bombs. On the following day a Sub-Inspector of police came to the house of occurrence and seized the alamats in his presence. 8. P.......…………………Opposite Party Judgment May 3, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioner. Khizir Hayat, Deputy Attorney General with Yousuf Mahmud Morshed, Assistant Attorney General - For the Opposite Party. Criminal...... section 3 of the Explosive Substance Act and sentencing each of them thereunder to suffer rigorous imprisonment for five years. 2. Informant Ashutosh Shome (P.W.1) lodged an ejahar with Sutrapur Police Station, Dhaka on 14.9.1998 against the petitioner and three others alleging, inter alia, tha..Category: Criminal Law | Date: | Hits: 73
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....ate……………………………Respondent Judgment April 17, 2011. Result: The appeal is dismissed. Lawyers Involved: No one appears - For the Appellant. Ms. Promila Biswas, Deputy Attorney General- For the Respondent. Criminal Appeal No.4786 of 1991. Judgment Md. ......pital and got him admitted there. On the said allegation, the Officer-in-charge recorded Gournadi Police Station Case No.3 dated 18.1.1988 under sections 302 and 34 of the Penal Code and assigned Sub-Inspector Haripada Biswas to investigate the case. In course of investigation, the Investigating Off......………………Respondent Judgment April 17, 2011. Result: The appeal is dismissed. Lawyers Involved: No one appears - For the Appellant. Ms. Promila Biswas, Deputy Attorney General- For the Respondent. Criminal Appeal No.4786 of 1991. Judgment Md. Ruhul Quddus J.-......years, we take it up for disposal even in absence of the appellant. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Azmain Hossain, Officer-in-charge of Gournadi Police Station, Barisal lodged an ejahar on 24.2.1988 against the appellant and two others alleging ..Category: Criminal Law | Date: | Hits: 125
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